Legal Question in Civil Litigation in Florida

Re: Small Claims Cases

As to whether or not several causes of action can be combined to bring a case within the jurisdiction of the court with respect to the amount in controversy, generally, if the demands, from their nature or character, are joint or composite, or are in some way related to each other or arise out of the same transaction, circumstances, or occurrences, they may be aggregated to confer jurisdiction on the court. If the claims are not, however, in their nature joint or composite, do not arise out of the same transaction or occurrence, are not consequent upon a continuous course of dealing as evidenced by an open account or continuing contract, and are in no way related but are distinct and wholly independent demands, they cannot be aggregated to confer jurisdiction over the amount in controversy. In such case, each separate unaggregated claim must individually satisfy the jurisdictional requirements of the court. This applies to demands arising out of torts as well as those arising out of contracts. Thus, several claims for damages for separate and distinct torts cannot be joined for the purpose of conferring jurisdiction. Likewise, if promissory notes are given at different times for wholly unrelated and separate items of indebtedness, and

there is nothing in the notes or in the pleadings to show a composite or other relation between them, the demands cannot be joined or aggregated to make up the amount necessary to give jurisdiction. Fla. Jur. 2d Courts Section 102.

Good Luck,

Randall Gilbert